BILL NUMBER: AB 2287 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 15, 2016
AMENDED IN ASSEMBLY MARCH 17, 2016
INTRODUCED BY Assembly Member Wilk
Members Lackey and Wilk
FEBRUARY 18, 2016
An act to amend Section 19596.3 of the Business and
Professions Code, relating to horse racing. An act to
amend Sections 182, 459.5, 487, and 490.2 of the Penal Code, relating
to theft, and calling an election, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 2287, as amended, Wilk Lackey .
Horse racing: satellite wagering: out-of-country
thoroughbred races. Theft: shoplifting.
(1) The existing Safe Neighborhoods and Schools Act, enacted as an
initiative statute by Proposition 47, as approved by the electors at
the November 4, 2014, statewide general election, makes the theft of
property that does not exceed $950 in value petty theft, and makes
that crime punishable as a misdemeanor, with certain exceptions. The
initiative statute defines shoplifting as entering a commercial
establishment with the intent to commit larceny while that
establishment is open during regular hours, where the value of the
property that is taken or intended to be taken does not exceed $950.
The initiative statute requires that shoplifting be punished as a
misdemeanor.
The California Constitution authorizes the Legislature to amend or
repeal an initiative statute by another statute that becomes
effective when approved by the electors.
This bill would amend that initiative statute by making it grand
theft, which is punishable as a misdemeanor or a felony, to commit
shoplifting if the aggregate value of the property taken from a
single commercial establishment is nine hundred fifty dollars ($950)
or more in any 180-day period.
(2) Existing law makes it a crime, punishable as a misdemeanor or
a felony, for 2 or more persons to conspire to commit any crime.
This bill would specify that the crime of conspiracy occurs when 2
or more persons conspire to commit shoplifting.
(3) This bill would call a special election to be consolidated
with the November 8, 2016, statewide general election. This bill
would require the Secretary of State to submit the provisions of the
bill that amend the initiative statute to the electors for their
approval at the November 8, 2016, consolidated election.
This bill would declare that it is to take effect immediately as
an act calling an election.
Existing law authorizes a thoroughbred racing association or fair
to distribute the audiovisual signal and accept wagers on the results
of out-of-country thoroughbred races during the calendar period the
association or fair is conducting a race meeting, without the consent
of the participating horsemen's and horsewomen's organization. These
imported races are subject to specified conditions, including the
condition that a thoroughbred racing association or fair may not
accept wagers on out-of-country races commencing after 5:30 p.m.,
Pacific standard time, without the consent of the harness or quarter
horse racing association that is then conducting a live racing
meeting.
This bill would authorize a thoroughbred racing association or
fair to accept wagers on out-of-country races up to 6:30 p.m.,
Pacific standard time, on the first Saturday in November, without the
consent of the harness or quarter horse racing association that is
then conducting a live racing meeting.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 182 of the Penal
Code is amended to read:
182. (a) (1) If two or more persons
conspire:
(1)
(A) To commit any crime.
(2)
(B) Falsely and maliciously to indict another for any
crime, or to procure another to be charged or arrested for any crime.
(3)
(C) Falsely to move or maintain any suit, action, or
proceeding.
(4)
(D) To cheat and defraud any person of any property, by
any means which are in themselves criminal, or to obtain money or
property by false pretenses or by false promises with fraudulent
intent not to perform those promises.
(5)
(E) To commit any act injurious to the public health,
to public morals, or to pervert or obstruct justice, or the due
administration of the laws.
(6)
(F) To commit any crime against the person of the
President or Vice President of the United States, the Governor of any
state or territory, any United States justice or judge, or the
secretary of any of the executive departments of the United States.
(G) To commit shoplifting in violation of Section 459.5.
They
(2) They are punishable as
follows:
When
(A) When they conspire to commit
any crime against the person of any official specified in
subparagraph (F) of paragraph (6), (1)
they are guilty of a felony and are punishable by imprisonment
pursuant to subdivision (h) of Section 1170 for five, seven, or nine
years.
When
(B) When they conspire to commit
any other felony, they shall be punishable in the same manner and to
the same extent as is provided for the punishment of that felony. If
the felony is one for which different punishments are prescribed for
different degrees, the jury or court which finds the defendant guilty
thereof shall determine the degree of the felony the defendant
conspired to commit. If the degree is not so determined, the
punishment for conspiracy to commit the felony shall be that
prescribed for the lesser degree, except in the case of conspiracy to
commit murder, in which case the punishment shall be that prescribed
for murder in the first degree.
If
(C) If the felony is conspiracy
to commit two or more felonies which have different punishments and
the commission of those felonies constitute but one offense of
conspiracy, the penalty shall be that prescribed for the felony which
has the greater maximum term.
When
(D) When they conspire to do an
act described in subparagraph (D) of paragraph
(4), (1) they shall be punishable by
imprisonment in a county jail for not more than one year, or by
imprisonment pursuant to subdivision (h) of Section 1170, or by a
fine not exceeding ten thousand dollars ($10,000), or by both that
imprisonment and fine.
When
(E) When they conspire to do any
of the other acts described in this section, they shall be punishable
by imprisonment in a county jail for not more than one year, or
pursuant to subdivision (h) of Section 1170, or by a fine not
exceeding ten thousand dollars ($10,000), or by both that
imprisonment and fine. When they receive a felony conviction for
conspiring to commit identity theft, as defined in Section 530.5, the
court may impose a fine of up to twenty-five thousand dollars
($25,000).
All
(3) All cases of conspiracy may
be prosecuted and tried in the superior court of any county in which
any overt act tending to effect the conspiracy shall be
was done.
(b) Upon a trial for conspiracy, in a case where an overt act is
necessary to constitute the offense, the defendant cannot be
convicted unless one or more overt acts are expressly alleged in the
indictment or information, nor unless one of the acts alleged is
proved; but other overt acts not alleged may be given in evidence.
SEC. 2. Section 459.5 of the Penal Code
is amended to read:
459.5. (a) Notwithstanding Section 459, shoplifting is defined as
entering a commercial establishment with intent to commit larceny
while that establishment is open during regular business hours, where
the value of the property that is taken or intended to be taken does
not exceed nine hundred fifty dollars ($950). Any other entry into a
commercial establishment with intent to commit larceny is burglary.
Shoplifting Except as provided in paragraph
(4) of subdivision (b) of Section 487, shoplifting shall be
punished as a misdemeanor, except that a person with one or more
prior convictions for an offense specified in clause (iv) of
subparagraph (C) of paragraph (2) of subdivision (e) of Section 667
or for an offense requiring registration pursuant to subdivision (c)
of Section 290 may be punished pursuant to subdivision (h) of Section
1170.
(b) Any Except as provided in paragraph
(4) of subdivision (b) of Section 487, an act of shoplifting as
defined in subdivision (a) shall be charged as shoplifting. No person
who is charged with shoplifting may also be charged with burglary or
theft of the same property.
SEC. 3. Section 487 of the Penal Code
is amended to read:
487. Grand theft is theft committed in any of the following
cases:
(a) When the money, labor, or real or personal property taken is
of a value exceeding nine hundred fifty dollars ($950), except as
provided in subdivision (b).
(b) Notwithstanding subdivision (a), grand theft is committed in
any of the following cases:
(1) (A) When domestic fowls, avocados, olives, citrus or deciduous
fruits, other fruits, vegetables, nuts, artichokes, or other farm
crops are taken of a value exceeding two hundred fifty dollars
($250).
(B) For the purposes of establishing that the value of domestic
fowls, avocados, olives, citrus or deciduous fruits, other fruits,
vegetables, nuts, artichokes, or other farm crops under this
paragraph exceeds two hundred fifty dollars ($250), that value may be
shown by the presentation of credible evidence which establishes
that on the day of the theft domestic fowls, avocados, olives, citrus
or deciduous fruits, other fruits, vegetables, nuts, artichokes, or
other farm crops of the same variety and weight exceeded two hundred
fifty dollars ($250) in wholesale value.
(2) When fish, shellfish, mollusks, crustaceans, kelp, algae, or
other aquacultural products are taken from a commercial or research
operation which is producing that product, of a value exceeding two
hundred fifty dollars ($250).
(3) Where the money, labor, or real or personal property is taken
by a servant, agent, or employee from his or her principal or
employer and aggregates nine hundred fifty dollars ($950) or more in
any 12 consecutive month period.
(4) Where shoplifting, as defined in Section 459.5, involves
larceny and the aggregate value of the property taken from a single
commercial establishment is nine hundred fifty dollars ($950) or more
in any 180-day period.
(c) When the property is taken from the person of another.
(d) When the property taken is any of the following:
(1) An automobile.
(2) A firearm.
SEC. 4. Section 490.2 of the Penal Code
is amended to read:
490.2. (a) Notwithstanding Except as
specified in paragraph (4) of subdivision (b) of Section
487, notwithstanding the remainder of Section 487 or any other
provision of law defining grand theft, obtaining any property by
theft where the value of the money, labor, real or personal property
taken does not exceed nine hundred fifty dollars ($950) shall be
considered petty theft and shall be punished as a misdemeanor, except
that such person may instead be punished pursuant to subdivision (h)
of Section 1170 if that person has one or more prior convictions for
an offense specified in clause (iv) of subparagraph (C) of paragraph
(2) of subdivision (e) of Section 667 or for an offense requiring
registration pursuant to subdivision (c) of Section 290.
(b) This section shall not be applicable to any theft that may be
charged as an infraction pursuant to any other provision of law.
SEC. 5. (a) Sections 2, 3, and 4 of this act amend
the Safe Neighborhoods and Schools Act, Proposition 47, an
initiative statute, and shall become effective only when submitted to
and approved by the voters at a statewide election.
(b) A special election is hereby called, to be held throughout the
state on November 8, 2016, for approval by the voters of Sections 2,
3, and 4 of this act. The special election shall be consolidated
with the statewide general election to be held on that date. The
consolidated election shall be held and conducted in all respects as
if there were only one election, and only one form of ballot shall be
used.
(c) Notwithstanding the requirements of Sections 9040, 9043, 9044,
9061, 9082, and 9094 of the Elections Code, or any other law, the
Secretary of State shall submit Sections 2, 3, and 4 of this act to
the voters for their approval at the November 8, 2016, statewide
general election.
SEC. 6. This act calls an election within the
meaning of Article IV of the Constitution and shall go into immediate
effect.
SECTION 1. Section 19596.3 of the Business and
Professions Code is amended to read:
19596.3. Notwithstanding any other law, a thoroughbred racing
association or fair may distribute the audiovisual signal and accept
wagers on the results of out-of-country thoroughbred races during the
calendar period the association or fair is conducting a race
meeting, without the consent of the organization that represents
horsemen and horsewomen participating in the race meeting.
Out-of-country races shall be imported under the following
conditions:
(a) A thoroughbred racing association or fair shall conduct the
wagering in accordance with the applicable provisions of Sections
19601, 19616, 19616.1, and 19616.2.
(b) A thoroughbred racing association or fair shall not accept
wagers pursuant to this section on out-of-country races commencing
after 5:30 p.m., Pacific standard time, except for the first Saturday
in November when this time shall be 6:30 p.m., Pacific standard
time, without the consent of the harness or quarter horse racing
association that is then conducting a live racing meeting.
(c) A thoroughbred racing association or fair distributing the
audiovisual signal and accepting wagers on the results of
out-of-country races pursuant to this section may execute an
agreement with an association that conducts thoroughbred races in the
southern zone to allow that association to distribute the signal and
accept wagers on the results of out-of-country thoroughbred races,
except that the license fees paid to the state shall be double the
amount paid by a quarter horse racing association specified in
subdivision (b) of Section 19605.7.